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Giesela Ruehl

Call for Papers: Cynical International Law?

The Working Group of Young Scholars in Public International Law and the German Society of International Law are pleased to invite the submission of papers for a conference on

Cynical International Law?
Abuse and Circumvention in Public and Private International Law as well as European Law

The result of the 2016 Brexit referendum was not only a political shock, but also and foremost a symbolic turning point in the history of the EU. The United Kingdom’s foreseen withdrawal from the Union has given rise to many political, legal, economic and social debates.

On 16 and 17 November 2018, the University of Innsbruck will host a conference on the Regulations on matrimonial property and on the property consequences of registered partnerships which will enter into force on 29 January 2019. The conference, organised by Stefan Arnold (University of Münster) and Simon Laimer (University of Innsbruck), aims to discuss the new rules and their implications for the further development of the law.

Yesterday, the UK government published new paper on the future of judicial cooperation in civil matters. It sets out the UK’s vision for the handling of civil legal cases if no Brexit deal can be reached.

The full paper is available here.

Party Autonomy in Private International Law

Alex Mills, University College London, has written a book on party autonomy in private international law which has just been published by Cambridge University Press. The author has kindly provided us with the following summary:

Wanted: Research Assistant / Doctoral Student

I am currently looking for a research assistant / doctoral student to work at my Chair at the University of Jena as of 1 November 2018. The position is part-time (50%) and paid according to the salary scale E 13 TV-L.

It doesn’t happen too often that a Member State refuses enforcement of a judgment rendered in another Member State for violation of the ordre public. But in a decision published yesterday exactly this happened: The German Supreme Court (Bundesgerichtshof – BGH) refused to recognize and enforce a Polish judgment under the Brussels I Regulation (before the recast) arguing that enforcement would violate the German public policy, notable freedom of speech and freedom of the press as embodied in the German Constitution. With this decision, the highest German court adds to the already difficult debate about atrocities committed by Germans in Poland during WW II.

What are the consequences of Brexit for Private International Law and International Civil Procedure Law? In the very first monograph in German concerning the legal ramifications of Brexit, Michael Sonnentag discusses these questions (Die Konsequenzen des Brexits für das Internationale Privat- und Zivilverfahrensrecht, Mohr Siebeck, 2017).

Towards a European Commercial Court?

The prospect of Brexit has led a number of countries on the European continent to take measures designed to make their civil justice systems more attractive for international litigants: In Germany, the so-called “Justice Initiative Frankfurt”, consisting of lawyers, judges, politicians and academics, has resulted in the creation of a special chamber for commercial matters at the District Court in Frankfurt which will, if both parties agree, conduct the proceedings largely in English (see here). In France, an English-language chamber for international commercial matters was established at the Cour d’appel in Paris, adding a second instance to the English-speaking chamber of commerce at the Tribunal de commerce in Paris (see here). In the Netherlands, the Netherlands Commercial Court and the Netherlands Commercial Court of Appeal will soon begin their work as special chambers of the Rechtbank and the Gerechtshof Amsterdam (see here). And in Belgium, the government plans to establish a Brussels International Business Court (see here). Clearly: the prospect of Brexit has stirred up the European market for international litigation.

Dear readers, has been around for 12 years by now. It has developed into one of the most relevant platforms for the exchange of information and the discussion of topics relating to conflict of laws in a broad sense. And while the world has changed a lot during the past 12 years the look of has basically remained the same. Today this is going to change: